This
Practice Standard has been drawn up by Beacon Forestry following
consultations with representatives of all sides of the forest industry and
has been agreed by the Forestry Commission, Timber Growers Association and
the UK Forest Products Association.
Beacon
Forestry’s Practice will be in accordance with the Code of the Central
Association of Agricultural Valuers and the Guidance Notes issued by the
RICS for the Sale of Real Estate by Auction in England and Wales
-
Pre-Sale Information
Catalogues will wherever possible be made available four to six weeks
prior to a sale.
The
description of each lot will be a matter for the vendors and/ or their
agents.
The
description of each lot will be as accurate as possible.
The
method of the timber measurement will be declared in the catalogue.
Terms and
Conditions of sale will be determined by the vendor and Beacon Forestry
and these will be available at the time the sale catalogue is made
available. Any special conditions will be identified in the catalogue
with the details of the lot.
Vendors
should advise the auctioneer of any potential purchasers who they deem to
be unacceptable at the time they submit details for inclusion in the
auction catalogue. This information will be passed to potential
purchasers if they express an interest in purchasing a particular lot or
lots.
TENDER
SALES
-
Conduct of Tender Sales
Tender
offers may be submitted at any time up to the date and time for the
closing date for tender offers given in the catalogue.
Beacon
Forestry will not access any tenders lodged on the central computer until
after the closing date and time for lodging tenders has passed.
All
tenders lodged with Beacon Forestry will be notified to the vendor or his
agent as soon as possible after the closing date and time for tenders.
All
tenderers will be notified of their success or failure as soon as possible
after the vendor or his agent have informed Beacon Forestry of their
decision.
The
tenderer has the right to withdraw his/her offer seven days after the
tender date if the vendor has not notified Beacon Forestry of the sale
outcome.
-
Post
Sale Procedures for Tenders
The name
of the successful tenderer, but not the price tendered, will be declared
separately on the Sale Summary screen as soon as possible after the vendor
has notified Beacon Forestry.
AUCTION SALES
-
Conduct of Auction Sale
These
will be conducted in accordance with the Sale of Goods Act 1979 and 1994
and local bylaws as amended.
The
conduct of an electronic sale will be in accordance with normal auction
practices unless otherwise stated in this Practice Standard. .
If a
technical fault occurs with the main computer which interrupts the
electronic bidding procedures, the sale will be halted and restarted
within one hour, otherwise the auctioneers will re-schedule the sale for
at least seven days later or some other time mutually agreed with
potential purchasers.
Lots
which are unsold may be re-entered at the end of the sale at the request
of the vendor. All potential purchasers on the system at the time will be
advised by the auctioneer as soon as possible after this decision is made
with a message on the screen. Vendors may alter the reserve before
re-entering the lot.
-
Conditions of Bidding at Auctions
Reserves
will be set by the Seller for all lots unless specifically stated
otherwise in the description of the lot in the catalogue.
Vendors
or their agents (except the auctioneer) should not be allowed to bid in
the auction; and, if proved to have done so, the sale of that particular
lot could be annulled, provided the purchaser agrees..
The
auctioneer may bid on behalf of the vendor up to one increment below the
reserve price but will not bid once the reserve for the lot has been
reached in accordance with current law.
In the
event of the above the auctioneer will only advance the bidding by one
increment above the last competitive bid and the auctioneer’s bid will be
identifiable on the screen.
A
purchaser will only be required to pay the amount clearly identified on
the screen as being accepted by the auction system.
Lots
which do not reach the reserve are shown as unsold.
Lots
which equal or exceed the vendor’s reserve are sold once the auctioneer
indicates this on the screen.
A sale
contract is entered when the last bid is registered on the computer screen
as being accepted by the auctioneer.
-
Arbitration at Auctions
Any
disputes concerning the professional conduct of an auction will be
referred to the President of the Central Association of Agricultural
Valuers.
Any
disputes concerning the subsequent timber sale contract are a matter for
the vendor and the purchaser and not the auctioneer.
-
Post
Sales Procedures for Auctions
The
purchaser’s name and the price paid for each lot sold during the auction
will be displayed separately on the Sale Summary screen immediately after
each lot is sold together with the designation of the under bidder (trade
or vendor).
For
unsold lots the designation of the last bidder (i.e. trade or vendor) will
also be displayed separately on the Sale Summary Screen.
The
post-sale procedures for issuing invoices and payment terms will be set
out in the sale catalogue and will be followed by all parties.
GENERAL
-
Timber
Sale Terms & Conditions for Standing Timber and Logs
-
The Terms
and Conditions under which the standing timber and logs are offered for
sale are a matter for the vendor, but all vendors are encouraged to use
the sales contracts recently agreed by Forest Enterprise and the UK Forest
Products Association.
-
Complaints
Any
complaints over the conduct of tender and auction sales should be
addressed directly to the partners in the first instance.